Abstract
Illegal immigration has come to the forefront of political debate, and state legislatures have acted on the issue, passing a multitude of laws addressing the issue in a wide variety of ways. Opponents of this legislation have challenged the constitutionality of these statutes in court, and they will continue to do so. A recurring question in these cases is whether a court should even hear a case challenging such legislation if it is brought by an illegal alien.
This Comment argues that courts should not prudentially decline to recognize standing to sue for illegal aliens who challenge laws addressing illegal immigration. By examining the reasons for exercising the prudential limitation on standing, including a consideration of the legislature as the proper means of redress, judicial efficiency, and the clean hands doctrine, this Comment concludes that the doctrine should not operate as a bar to claims brought by illegal immigrants.
Recommended Citation
Jason Gourley,
An Argument Against Prudentially Declining to Recognize Standing to Sue for Illegal Immigrants,
33
S. Ill. U. L.J.
343
(2009).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol33/iss2/8